The sessions court on Monday heard arguments on sentencing from the prosecution and defense counsel in the alleged Lakhan Bhaiyya fake encounter case. The prosecution argued for awarding death to the 13 accused policemen and the two other accused. The judgment is likely to be pronounced on Tuesday.
While arguing for awarding death to the 13 policemen, special public prosecutor Vidya Kasle said, “The policemen who commit such barbaric acts deserve harsher punishments. Fake encounters are nothing, but brutal murders and these acts are totally contrary to their duty.”
SPP Kasle further said, “These arguments are not based on observations of the facts of the case, but the observations made after the policemen were held guilty.” She argued that the two accused — Shailendra Pandey alias Pinky and Akhil Khan alias Bobby — should also be awarded death as they took active part since Lakhan’s abduction till his encounter.
One of the defense counsels, advocate J.G. Bhanushali, while arguing, quoted Section 354(3) in The Code Of Criminal Procedure, 1973, stating, “When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.” He added that awarding death penalty in 108 countries has been abolished in law and practice. Mr Bhanushali also pointed out that when the case is based on circumstantial evidence, then death sentence shouldn’t be awarded. He said, “Children will be without fathers; wives without husbands and parents without sons.”
Appearing for two other accused, advocate Sudeep Pasbola, said, “Death sentence shall be awarded when extreme depravity is shown while committing the crime and also when the accused becomes a threat to the society and show no signs of reformation. Once the uniform goes away, there is no threat to the society.”